Court Bars President Ruto from Firing Captain Paul Rukaria as Chair of KNTC

The court has barred President Ruto from revoking the appointment of Captain Paul Rukaria as the Chairperson of Kenya National Trading Corporation (KNTC).

The Employment and Labor Relations Court issued the orders on Wednesday pending the hearing and determination of a petition filed by Capt. Rukaria, a former military officer.

Respondents and interested parties were directed to file their respective responses to the application and petition within 21 days of service. 

Ruto and Attorney General Justin Muturi are listed as the 1st and 2nd respondents respectively while Hussein Tene and the Law Society of Kenya are the interested parties in the case

The matter will be mentioned on March 28th.

Capt. Rukaria, a retired Kenya Defense Force (KDF) officer, was appointed as Chairperson of the State corporation by former President Uhuru Kenyatta on August 5th, 2022.

On February 6th, President Ruto published a gazette notice revoking his appointment and replaced him with Hussein Tene.

Rukaria claims that there was no consultation with State Corporations Advisory Committee before the revocation of his appointment.

"Section 7 (3) of the State Corporations Act is clear that before the President can revoke the appointment of any Board member, there have to be cogent reasons for the said revocation and that the same must be subjected to consultation with the state Corporation Advisory Committee," Rukaria says in court papers.

He argues that the president violated the Constitution and the Act and that he could not appoint Tene because at the time there was a substantive office holder of the position.